Loading...
1977-079ATTY-26 (Page 1 of 3 pages) RESOLUTION NO. 77R-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1672 WHEREAS, the City Planning Commission of the City of Anaheim did receive an anplication for a conditional use permit from PHILLIPS PETROLEUH COIIPANY, owner; CLA2LES E. QUINETTE, agent to permit on-sale beer and wine in a proposed restaurant on certain real property situated in the City of Anahci.a, County of Orange, State of California, described as: THE EAST 200.00 FEET OF THE NOR= 190.00 FEET OF TnE NORTHEAST QUARTER OF THE SOUTilEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A NAP RE- CORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN TEE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. -1- AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on December 20 19 76, notices of which said public hearing were duly given as required by law and the provisions of. Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC76 -263 finxinx granting Conditional Use Permit No. 1672 and WHEREAS, thereafter, within twenty -two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in granting said conditional use permit and did thereupon fix the 3th day of February 19 y', as the time and the Council Chamber in the City Hall of the City of Anaheim as the place for a public hearing upon said conditional use permit, and notices of such public hearing were duly given as required by law and the provisions of Title 13, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consid- eration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: ATTY -26 (Page 2 of 3 pages) 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and high- ways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, sustained and that Conditional Use Permit No. 1672 be, and the same is hereby, granted permitting on sale beer and wine in a proposed restaurant, sub- ject to the 'following conditions: 1. That the owner of subject property shill deed to the City of Anaheim a fifteen (15) foot radius property line return. 2. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Broadway and Magnolia Avenue for street lighting purposes, 3. That the owner of subject +property shall pay to the City of Anaheim the sum of sixty (60) cents per front foot along Broadway and. iiagnolia Avenue for tree planting purposes. 4. That the underground gasoline storage tanks shall either be removed or filled with sand as approved by the City of Anaheim Fire Department. 5. That a letter shall be submitted by the property owner requesting termination of Conditional Use Permit No. 603. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 5; provided, however, that a ten (10) foot wide landscaped buffer strip consisting of dense landscaping with trees on ten (10) foot centers shall be provided adjacent to the west property line, as stipulated to by the petitioner, and plans for said landscaping shall be submitted to the Planning Department for review and approval; that the two (2) existing driveways located closest to the intersection of Magnolia Avenue and Broadway shall be closed and replaced with standard curbs, gutters, sidewalks, and landscaping; that the driveway on Magnolia Avenue shall be located no closer than 110 feet to the curb prolongation at the intersection of Magnolia Avenue and Broadway and that the driveway on Broadway shall be located a minimum of 115 feet from the center of said driveway to the curb prolongation at the intersection of Magnolia Avenue and Broadway. 7. That beer and wine shall be served only in connection with the sale and service of food. ATTY -26 (Page 3 of 3 pages) 3- 8. That Condition Nos. 1, 2, 3 an 5, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission and /or City Council may grant. 9. That Condition Nos. 4 and 6, above mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner, its successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of F eruary, 1977. ATTEST: CITY ,.LERK OF THE-CITY OF ANA1iEIM JLW7: fm 0 THE CITY OF ANAHEIM (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R -79 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of February, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 77R -79 on the 8th day of February, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of February, 1978. CITY CLE OF THE CI OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -79 duly passed and adopted by the Anaheim City Council on February 8, 1977.